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Patna High Court

Tarkeshwar Prasad @ Tarkeshwar KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Tarkeshwar Prasad, sought anticipatory bail after an FIR was lodged under Sections 316(5), 318(4) and 61(2) of the Bihar Food and Civil Supplies Act, 2023, alleging misappropriation of Rs.1,74,19,438.31. The FIR arose because the petitioner, as proprietor of Ominor Agro Industries Pvt. Ltd., purchased grains from nine Primary Agricultural Cooperatives (PACS) but failed to deposit the required CMR with the State Food Corporation by the statutory deadline, despite having earlier accepted liability and promised payment. The State and the Bihar State Food and Civil Supplies Corporation argued that the petitioner’s admission of liability and subsequent non‑payment demonstrated a clear intent to misappropriate the grains and funds. The petitioner contended that he was falsely implicated and that he was not afforded sufficient time to make the payment. After considering the submissions, the Court concluded that the petitioner’s conduct did not merit the grant of anticipatory bail and rejected the application.

Issues considered

  • What is the appropriate exercise of discretion by the Court in granting or refusing anticipatory bail under Sections 316(5), 318(4) and 61(2) of the Bihar Food and Civil Supplies Act, 2023?

Subjects

  • anticipatory bail
  • misappropriation
  • Bihar Food and Civil Supplies Act
  • criminal procedure
  • CMR deposit
  • public distribution system

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17016 of 2026
                 Arising Out of PS. Case No.-358 Year-2025 Thana- Raghunathpur District- East Champaran
                 ======================================================
                 Tarkeshwar Prasad @ Tarkeshwar Kumar S/o- Late Tanu Prasd Verma @ Late
                 Nanhu Prasad Verma viilage- Raghunathpur PS-Raghunathpur Dist- East
                 Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    The Bihar State Food and Civil Supplies Corporation, Ltd. District Manager,
                 Motihari Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the BSFC.

                                2. The petitioner apprehends his arrest in connection

                   with Raghunathpur P.S. Case No.358/2025, registered for the

                   offences punishable under Sections 316(5), 318(4) and 61(2) of

                   the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that Ominor Agro Industries Pvt. Ltd. for Kharif Season 2023-

                   24 purchased grains from 9 PACS, but did not deposit the CMR

                   till 31.10.2024 with the SFC, Motihari i.e. the last date fixed by
Patna High Court CR. MISC. No.17016 of 2026(2) dt.08-04-2026
                                            2/3




          the government, as a result, all 9 PACS became defaulters, it is

          next alleged that petitioner by his letter dated 12.11.2024

          addressed to the District Cooperative Officer, East Champaran,

          Motihari, took the responsibility of purchasing grains of 7

          PACS, being Proprietor of the aforesaid Pvt. Ltd. company and

          even assured that the defalcated amount would be deposited in

          the CC account of the Samiti by 30.11.2024, but despite lapse of

          considerable time, the money was not deposited, thus the instant

          FIR was instituted alleging that petitioner misappropriated an

          amount of Rs.1,74,19, 438.31/-.

                        4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that no doubt the petitioner has

          accepted his liability to pay the amount but then time was not

          given to him by the authorities and the instant FIR came to be

          instituted.

                        5. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the BSFC opposes the prayer for

          anticipatory bail of the petitioner. Learned counsel appearing on

          behalf of the BSFC submits that petitioner does not dispute that

          he had purchased grains from 9 PACS but then the requisite

          CMR was not deposited with the SFC, Motihari by 31.10.2024,
             Patna High Court CR. MISC. No.17016 of 2026(2) dt.08-04-2026
                                                         3/3




                       as such letters were written by the District Cooperative Officer

                       to the petitioner dated 27.07.2024 and 21.09.2024, requesting

                       the petitioner to pay the amount, the petitioner even accepted his

                       liability and assured that the payment would be made by

                       30.11.2024 by his letter dated 12.11.2024 but then petitioner did

                       not pay a single penny, even after considerable period of time

                       lapsing after 30.11.2024, it was then that the authorities realized

                       that petitioner had misappropriated the amount and does not

                       intend to return the amount. It is also submitted that grains

                       purchased by the private limited company of the petitioner was

                       meant for poor people but then petitioner misappropriated the

                       entire grain for his benefit, which amply demonstrates his

                       conduct, more so when the petitioner even accepts his liability.

                                    6. Considering the submissions made by the learned

                       counsel for the BSFC, the Court is not inclined to extend the

                       privilege of anticipatory bail to the petitioner.

                                    7. The anticipatory bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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